Applicability of Cantonal Suspension of Time Limit Regulations in First Instance Appeal Proceedings after the Entry into Force of the GSSLA

Facts

The case concerns a dispute between the Swiss National Accident Insurance Fund (SUVA) and an insured person regarding the applicability of cantonal suspension of time limit regulations in first instance appeal proceedings after the entry into force of the Federal Act on the General Part of Social Insurance Law (GSSLA) on 1 January 2003. The Federal Social Insurance Court had to decide whether, during the five-year transitional period pursuant to Art. 82 para. 2 GSSLA, the cantonal suspension of time limit regulation of the Canton of Fribourg (Art. 30 LECA) or the provision of Art. 38 para. 4 GSSLA applies.

Considerations

The Federal Social Insurance Court concluded that during the transitional period pursuant to Art. 82 para. 2 GSSLA, the cantonal suspension of time limit regulation of the Canton of Fribourg (Art. 30 LECA) remains applicable and not the provision of Art. 38 para. 4 GSSLA. The Court explained that, while the federal legislator intended with the GSSLA to harmonize the legal remedies procedure at the cantonal level, the previous cantonal regulations remain applicable until the adaptation of the cantonal legal remedies…